App Terms of Service

§ 1 General, use of the app

(1) The app of the provider Peter Trost, Yalovastr. 7, 72108 Rottenburg am Neckar (hereinafter: provider) offers a digital diary for users (hereinafter: users).

(2) Users have the option to write and save entries in the app. In addition, media (e.g. images) can be linked to the entries.

(3) The user is a consumer within the meaning of Section 13 of the German Civil Code (BGB), insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, according to Section 14 of the German Civil Code (BGB), an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.

§ 2 Conclusion of contract for users

(1) The general use of the app is free of charge. The provider of the app reserves the right to place advertisements and carry out marketing measures.

(2) However, users can purchase additional services via the app using in-app purchases. For the exact service description, please refer to the information in the app. A subscription can be concluded via the purchase. In this case, the amount will be debited monthly from the stored payment method.

(3) The contract for a paid additional service is binding when the user has fully completed the payment processing via the app store provider (e.g. Apple or Google). The service is provided by the provider. In-app purchases are processed via the app store platform. Payments are made via the payment service providers of the respective platform (e.g. Google Play, Apple App Store). All payments for in-app purchases are due immediately upon ordering. The fees for the additional services are displayed clearly and transparently in the app before the purchase is completed.

After purchasing an additional service, the user receives a non-exclusive, non-transferable license to use the purchased function within the app. This license is tied to the user account and is non-refundable.

(4) Users can take out a paid membership with the provider for various terms. The contract is concluded when the booking process is fully completed and the customer subsequently receives confirmation from the provider.

(5) Refunds for in-app purchases are only possible in cases provided for by law. The app provider reserves the right to review and decide on refund requests at its own discretion. If the user account is cancelled or terminated, the user may lose access to purchased additional services. Refunds will not be made for unused periods or services.

(6) The provider may change the availability and prices of the additional services at any time. Such changes take effect from the time of publication in the app. Users can manage their in-app purchases and subscriptions via the settings of the respective app store, including the option to cancel or change subscriptions.

(7) The contract text will be stored in compliance with data protection regulations.

§ 3 Obligations of the user

(1) The user is solely responsible for the content transmitted by the user (e.g. written texts, images and/or graphics, links and videos).

(2) If the content transmitted by the user violates the rights of third parties, e.g. copyright, competition law or protection of confidence, the provider will be released from any claims by third parties by the user. This release includes claims for damages, injunctive relief and information, as well as the necessary costs of legal defense.

(3) The parties shall notify each other immediately if third parties assert infringements of intellectual property rights or other claims within the framework of the contractual relationship between the provider and the user.

(4) For all data transmitted to the provider, the provider assumes that the user is in possession of all necessary copyright, trademark or other rights. The provider does not carry out any checks. The provider points out that third parties can assert significant claims for damages against the provider in the event of copyright-infringing content. This also applies to photos in which people are recognizable. In this case, the user must obtain the consent of these people to be depicted on his entry and provide proof of this upon request.

(5) The user guarantees that the contents of the transferred files do not violate criminal laws, in particular the regulations on the distribution of child pornography (Section 184 of the German Criminal Code). The provider reserves the right to immediately report any violation of this guarantee.

(6) The user undertakes to keep the data transmitted by him correct and up-to-date and to notify the provider of any changes immediately.

(7) When uploading content, the user must comply with data protection regulations.

§ 4 Rights of the provider in the event of violations

(1) The provider is entitled to exclude users from the app or to temporarily block them if the user violates the terms of use or legal provisions.

(2) The provider is entitled to remove content that violates the terms of use or legal provisions.

§ 5 Liability

(1) The user’s claims for damages are excluded. Excluded from this are claims for damages by the user resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the user has claims for damages arising from injury to life, body or health.

(3) Liability for lost profits is excluded in relation to entrepreneurs.

(4) The provider shall not be liable in particular if the app becomes unavailable through no fault of its own.

(5) The provider is not liable for the accuracy of the information and content provided by users.

(6) The user is responsible for storing the content used for the entry on the app outside of the app. The provider assumes no liability for lost content.

(7) The aforementioned restrictions also apply to the benefit of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

§ 6 Term, Termination

(1) The provider offers various packages with different durations. The duration and notice period depend on the information in the app.

(2) The right to extraordinary termination for good cause remains unaffected.

(3) Termination must be in writing. The time of termination is determined by the receipt of the notice of termination.

(4) The subscription can be cancelled via the settings in the respective app store.

§ 7 Data protection*

(1) The user agrees to the storage of personal data within the scope of the business relationship with the provider, in compliance with data protection laws, in particular the BDSG and the GDPR. Data will not be passed on to third parties unless consent has been given or this is necessary to fulfill contractual obligations.

(2) The user assures that he has obtained the consent of third parties when entering personal data of third parties and releases the provider from any claims in this regard.

(3) The rights of the data subject arise in particular from the following provisions of the GDPR:

– Article 7 paragraph 3 – Right to withdraw consent to data protection
– Article 15 – Right of access of the data subject, right to confirmation and provision of a copy of the personal data
– Article 16 – Right to rectification
– Article 17 – Right to erasure (“right to be forgotten”)
– Article 18 – Right to restriction of processing
– Article 20 – Right to data portability
– Article 21 – Right to object
– to be subjected to a decision based solely on automated processing, including profiling
– Article 77 – Right to lodge a complaint with a supervisory authority

(4) To exercise the rights, the data subject is requested to contact the provider by e-mail or, in case of complaint, to contact the competent supervisory authority.

(5) Reference is made to the privacy policy on the provider’s app.

§ 8 Dispute settlement

(1) The EU platform for out-of-court online dispute resolution can be reached at the following internet address:

https://ec.europa.eu/consumers/odr/

(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

§ 9 Expiry of the right of withdrawal for in-app purchases

The user’s right of withdrawal expires when purchasing via an in-app purchase as soon as access to the purchased content is available.

An in-app purchase is a purchase that users can make directly within an app to unlock additional content or features. These purchases can include various digital goods or services that extend or improve the user experience. In-app purchases are a common method of monetizing software, especially for free applications. The purchase is processed via an integrated payment function that is linked to a connected payment method. After the purchase, the purchased content or features are immediately unlocked in the app.

§ 10 Place of jurisdiction and applicable law

(1) The business relationship between the provider and the users is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction is the registered office of the provider if the user is a merchant within the meaning of the German Commercial Code (HGB) or a legal entity under public law or a special fund under public law. The same applies if the user does not have a general place of jurisdiction in Germany or if his or her place of residence or habitual abode is not known at the time the action is brought.

§ 11 Scope of the General Terms and Conditions and amendments

(1) By registering an account in the app, the user agrees to the applicable terms of use.

(2) The terms of use may be changed by the provider with effect for the future if there are legitimate reasons for doing so.

§ 12 Severability Clause

Should any provision of these Terms of Use be or become invalid, this shall not affect the validity of the remaining Terms of Use. The invalid provision shall be replaced by a provision that comes closest to the intention of the parties within the scope of what is legally possible . The same applies in the event of a regulatory gap.

Stand: September 2024